BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THOMY (Trade Mark: Revocation) [2004] UKIntelP o33504 (8 November 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o33504.html Cite as: [2004] UKIntelP o33504 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o33504
Result
Application for revocation largely successful.
Points Of Interest
Summary
The evidence established use only in respect of ketchup and mustard. There was no challenge to the genuinesses of this use. The Hearing Officer had to consider whether this was use in respect of a "commercial subset of goods" ie 'condiments' or whether the specifications should be reduced to "mustard; sauces being condiments" and whether this latter specification should be further qualified by the addition of “all for sale to providers of food services”.
In the result the Hearing Officer ruled that the registration should be cancelled in respect of Class 29, and its Class 30 specification should be reduced to "mustard; sauces being condiments".
The Hearing Officer was not convinced that there was a species of goods provided to those in the food trade, and the further limitation in the terms requested would create a specification of uncertain scope.
